Mr. Mahesh Balani, s/o Mr.

Gyaneshwar Balani, r/o A-356, Triveni Nagar, Jaipur approaches

Mr. Gautam Agarwal, s/o Mr. Anil Agarwal, r/o 69, Sanganer, Jaipur who owns a shop
location bearing the address R-25, Malviya Nagar, Jaipur for opening an outlet of Reliance
Trends at the above mentioned location. The two parties agree to use the shop as premises for
a period of 15 years with a consideration of Rs. 25000 per month with an annual increase of
10% in the consideration. The expenditure for developing the outlet and preparing the
infrastructure would be borne by the owner while the stock would be supplied and annual
maintenance done by Mr. Balani. All day to day expenditure would be made out of the
working capital available in the partnership. Draft a partnership deed for the two parties.
Invent details wherever necessary.

PARTNERSHIP DEED

THIS DEED OF PARTNERSHIP is executed at Jaipur on this 20th day of May, 2020

BETWEEN

Mr. Gautam Agarwal, s/o Mr. Anil Agarwal, r/o 69, Sanganer, Jaipur, hereinafter called ‘the
First Party’, which expression shall mean and include his heirs, successors, executors and
legal representatives.

AND

Mr. Mahesh Balani, s/o Mr. Gyaneshwar Balani, r/o A-356, Triveni Nagar, Jaipur, hereinafter
called ‘the Second Party’ which expression shall mean and include his heirs, successors,
executors and legal representatives.

WHEREAS the First Party is the owner of a shop location bearing the address of R-25,
Malviya Nagar, Jaipur, measuring 250 X 250 sq. Ft. The Second Party is involved in the trade
related activities and is desirous of opening a franchise branch of Reliance Trends on the
premises of a shop.

AND WHEREAS the Second Party has approached the First Party for opening an outlet of
Reliance Trends and to run this business with him jointly in partnership at the location of the
shop bearing the address of R-25, Malviya Nagar, Jaipur.

AND WHEREAS the parties have agreed to commence and run the business of an outlet
branch of Reliance Trends in a partnership, with the necessary condition that both the parties
must have prior managerial experience of 15 years in the retail industry.

AND WHEREAS the partnership firm will inherit the Memorandum of Understanding signed
between the Second Party and Reliance Industries Ltd. for the setting up of facilities to run an
outlet of Reliance Trends, accruing all benefits of the agreement.

AND WHEREAS the parties have agreed that the shop can serve as suitable premises for
running an outlet of Reliance Trends. It has been arranged under the agreement between them
that the expenditure for developing the outlet and preparing the infrastructure would be borne
by the First Party while the stock would be supplied and annual maintenance done by the
Second Party.

1) The name and style of this partnership business shall be Reliance Trends.
2) The business of this partnership shall be considered to have commenced on 23rd day
of May, 2020.
3) That the principal place of business of this partnership shall be at the shop bearing the
address (shop no.) R-25, Malviya Nagar, Jaipur. However, the same may be shifted or
carried on elsewhere as well with the mutual consent of both the parties from time to
time.
4) That the business of the partnership shall be of operating an outlet of Reliance Trends
to offer stylish and high quality products across Womenswear, Menswear, kidswear
and fashion accessories through a diversified portfolio of own brands which can be
both national and international. However, the parties will also be entitled to extend
their activities into business or sale of any other garment as well.
5) That the shop premises shall be used for carrying out the business, for which a rent
amount of Rs 25,000 per month is to be charged from the (doubt second party), with
an annual increase of 10 % in the consideration , payable to the First Party.
6) The shares of the parties in the profits and losses shall be as follows:
i. First Party - 50 %
ii. Second Party - 50 %
7) The initial capital has been contributed by both the parties by investing a sum of Rs
40,000 each. (I think only first partner made initial invest.) If and when more funds
are required for the business, the partners shall invest the same.
8) The capital investment made by each partner shall carry an interest of 15 %....
9) In case loans or deposits are raised from external sources i.e. friends and relations of
the partner or the financial institutions then only those loans or deposits, which are
taken with the written consent of both the partners and are duly entered in the books
of accounts of the partnership, shall be binding on the firm.
10) The partnership shall maintain regular book of accounts in accordance with the
customs of trade and all dealings of the partnership shall be duly recorded in that book
of accounts. Moreover, the account books etc. shall be maintained in the place of
business at R-25, Malviya Nagar, Jaipur, open for inspection by any of the partners.
11) Each of the partners shall be entitled to withdraw a sum of Rs 5,000 every month as
salary which shall be adjustable in the final profit and loss account prepared every
year.
12) The partners shall also be entitled to withdraw a sum of Rs 3,000 every month which
the partners have to repay (repay to whom) at the end of each financial year with an
interest of 4 % per annum, adjustable against the partners’ salary in the profit and loss
account.
13) Nature of partnership
14) That all the partners in the partnership venture shall be active partners and all the
workings of the partnership would be open for inspection by the other partner.
 15) That all day to day expenditure of running costs of the partnership would be made out
of the working capital available in the partnership.
16) That the employees of the partnership firm shall be paid out of the monthly profits of
the partnership.
17) The ownership rights in respect of property no. R-25, Malviya Nagar, Jaipur shall
always vest in the First Party and whenever the partnership ceases at the end of its
term or is dissolved for any reason whatsoever, the Second Party shall not be entitled
to any right, title or interest in the same.
18) That the partnership shall maintain proper books of accounts in the normal course of
business at the principal place of its business and the same shall always be open for
inspection to the partners. Also, all the accounts of the partnership firm shall be
maintained jointly.
19) That the first accounting period of the partnership shall close on 31st March, 2021 and
thereafter the financial year shall run from 1st April every year to 31st March of the
subsequent of the English Calendar.
20) That at the close of the accounting period/year, a trial balance, profit and loss account
and balance sheet etc. shall be prepared and the profit and loss in the ratio enumerated
above, shall be credited or debited to the capital account of the partners, as the case
may be.
21) The partnership shall be for a fixed tenure of 15 years. However, whenever any party
intends to dissolve the same or retire from the same, he shall give an advance notice
of 15 days to the other party and during the period of notice, profit and loss account,
balance sheets shall be completed to finalize the accounts in between the parties as
well as with the outsiders
22) In the event of the death of any of the partner, one of the legal representatives of the
deceased partner shall become the partner of the firm…
23) That either of the parties would not be entitled to carry on similar or competitive trade
individually or in partnership and in any other manner.
24) That in the event of any dispute arising between the partners with respect to any
clause of this document or the working of the partnership or for anything indicated
thereof, the same shall be decided by arbitration in accordance with the provisions of
the Arbitration Act and by no other process.
25) That in all other matters not provided herein, the partnership shall be governed by the
Indian Partnership Act as applicable from time to time.

IN WITNESS WHEREOF the parties have signed this document on the date first above
written in presence of the following witnesses.

FIRST PARTY

SECOND PARTY
WITNESSES:

1.

2.
Mr. Shyam Goel, 35, son of Ram Goel, resident of Delhi Gate, Udaipur had rented out a shop
bearing the address 25, Gol Chowk, Udaipur to Mr. Deepak Khatri, 32, son of Bhana Ram
Khatri, resident of 52, Pratap Nagar, Udaipur. The tenant opened a grocery shop in the above
mentioned premises and has been lucratively running it for the past 4 years. The rent for the
shop was fixed at Rs. 5000/- per month with an annual increase of 5%. A dispute arose
between the owner and the tenant regarding increase in rent and the tenant’s desire to expand
the business by opening an eatery in one part of the shop. The owner contended that the
tenant had sublet the shop and without permission put up a dividing wall and put up two
separate shutters. Draft a plaint on behalf of the owner praying for permanent eviction. Invent
details wherever necessary.

IN THE LEARNED DISTRICT & SESSIONS

COURT OF UDAIPUR, AT UDAIPUR

Civil Original Suit No: 110/2020

Mr. Shyam Goel, son of Ram Goel, aged about 35 years, Resident of Delhi Gate, Udaipur

-Plaintiff

VERSUS

Mr. Deepak Khatri, son of Bhana Ram Khatri, aged about 32 years, Resident of 52, Pratap
Nagar, Udaipur

-Defendant

SUIT FOR PERMANENT EVICTION, RESTORATION OF PROPERTY TO ORIGINAL

STATE AND RECOVERY OF ARREARS OF RENT

May it please this Learned Court,

The plaintiff, above named, most respectfully, submits as under:-

1. That the plaintiff is the owner of a shop bearing the address 25, Gol Chowk, Udaipur
(here in after referred to as the suit shop). The size of the shop is 25’(20’. He has been the
owner of the shop since 25th May 2015.
2. That the defendant wanted to carry out the grocery business and for that purpose, the suit
shop was taken on rent by the defendant on 29th May 2015. The rent agreed upon by the
Plaintiff and the Defendant was of INR Rs 5,000 per month with a compound annual
increase of 5 % per annum. It was a written tenancy agreement between the parties and
accompanied by delivery of possession and was terminable by giving one month’s notice.
3. In the rent agreement, the Plaintiff and the Defendant had agreed that the Defendant shall
not sublet the suit shop to any other person without the consent or prior permission of the
Plaintiff and will be kept in original shape and condition. A clause was also inserted in
the rent agreement according to which the rent will be paid every month, the Defendant
 shall use the suit shop only for operating a grocery shop and any other enterprise of the
Defendant, requiring the use of the suit shop or any part of it, shall require the prior
permission of the Plaintiff.
4. Further, it was also provided in the rent agreement that the Defendant shall not construct
any additional walls or separate shutters on the premises of the suit shop without taking
the prior permission and approval of the plaintiff.
5. That the defendant opened a grocery shop in the premises of the suit shop on 31st May
2015 and has been lucratively running it for past four years. Thereafter since 1st January
2020, the defendant has become desirous of earning more profits and cost- saving benefits
by diversifying the scale of his business and thereby achieving the economies of scope.
To achieve the same, he decided to open an eatery or a cafe in one part of the shop on 2nd
January 2020.
6. The plaintiff took an exception to the decision of the defendant to expand the business
because he was of the view that the defendant wanted to operate the plaintiff’s shop at the
same level of rent as decided earlier to earn twin-benefits i.e. to carry out both the grocery
business and the eatery business simultaneously. To strike a fair bargain, the plaintiff
entreated the defendant to pay increased level of rent at Rs 10,000 per month with an
annual increase of 8 %. However, the defendant was not in favour of any increase in rent
and in fact, wanted to continue his business at the same level of rent as decided earlier.
7. That the plaintiff and the defendant were not on the same page with respect to further
modalities of carrying out the business. Thus, a dispute arose between the plaintiff and the
defendant on 2nd January 2020 regarding increase in rent and the defendant’s desire to
expand the business by opening an eatery in one part of the shop.
8. That the defendant paid rent only up to 31st May 2019 and thereafter neither paid nor
tendered the rent. Thus, he has committed a statutory default in paying the rent for more
than six months. An amount of Rs has become due on account of rent.
9. That the defendant, without the permission or consent of the plaintiff, has put up a
dividing wall in between the shop and also, put up two separate shutters and thus divided
the shop in two shops. This action of the defendant amounts to material alteration of the
suit shop.
10. That in furtherance of dividing the suit shop into two parts, the defendant has sublet one
part of the suit shop to one Gaurav Sharma on a monthly rent of Rs 3,000/-, which was
patently contrary to the terms and conditions agreed upon between the parties. The
defendant has sublet that one part of the suit shop on 3rd January 2020.
11. That despite the fact that there were arrears of rent the defendant has sublet one part of
the suit shop to Gaurav Sharma to allow him to carry out the business of eatery on behalf
of the defendant. Moreover, on 3rd January 2020, both the defendant and Gaurav Sharma
entered into an agreement according to which Gaurav would receive commission of Rs
4000 for running the business on behalf of the defendant and the sum equivalent to the
rent amount would be deducted from his commission. However, the agreement which
they entered into was in a clear breach of the earlier agreement between the plaintiff and
the defendant in which it was decided that the suit shop would not be sublet to any other
person and will be kept in original shape and condition.
12. That on account of foregoing reasons, the plaintiff does not want to keep the defendant as
his tenant and therefore, he served a legal notice on the defendant on 3rd January 2020.
Through the issuance of legal notice, the plaintiff requested the defendant to restore the
suit shop to earlier position, pay the arrears of rent and vacate the suit shop. That the suit
shop is situated in the city of Udaipur, and the value of subject matter does not exceed Rs.
50,000, therefore this Learned Court has jurisdiction to hear and adjudicate the suit.
13. That the valuation of the suit for the purposes of court fees and pecuniary jurisdiction is
Rs on which the requisite court fees of Rs. has been paid.
14. That the suit is not barred by limitation

It is therefore most humbly prayed that the Learned Court may be pleased to pass a decree
with costs in favour of the plaintiff and against the defendant:-

Ordering the defendant to restore the suit shop to earlier position, vacate the suit shop
and hand over the vacant possession of the same to the plaintiff;

Ordering the defendant to pay a sum of Rs to the plaintiff as arrears of rent and
to further pay the pendete lite mesne profits at the rate of Rs from 7th
January till he vacates the suit shop;

Ordering the defendant to pay the cost of the suit and grant such other relief, which
the Learned Court feels just and proper in the interest of justice. The affidavit in
support of the plaint is enclosed.

Udaipur

Dated 10th (limitation period and cause of action) Plaintiff

VERIFICATION

I, Shyam Goel, above named Plaintiff, verify on oath that the contents of para 1 to of the
plaint are true to the best of my knowledge and belief, and the last para is with regard to
relief.

Udaipur

Dated Plaintiff

AFFIDAVIT IN SUPPORT OF THE PLAINT

IN THE LEARNED DISTRICT & SESSIONS COURT OF UDAIPUR, AT UDAIPUR

Civil Original Suit No: 110/2020

Mr. Shyam Goel, son of Ram Goel, aged about 35 years, Resident of Delhi Gate, Udaipur

-Plaintiff

VERSUS
Mr. Deepak Khatri, son of Bhana Ram Khatri, aged about 32 years, Resident of 52, Pratap
Nagar, Udaipur

-Defendant

SUIT FOR PERMANENT EVICTION, RESTORATION OF PROPERTY TO ORIGINAL

STATE AND RECOVERY OF ARREARS OF RENT

I, Shyam Goel S/0 Ram Goel, aged about 35 years, R/O Delhi Gate, Udaipur, plaintiff in this
case swear in the name of god and state as under:-

1. That I am the plaintiff in this case and conversant with the facts of the case.
2. That the contents of the plaint may be treated as part of this affidavit.
3. That the contents of the plaint are true to the best of my knowledge and belief.

Place: Udaipur

Dated sd/ Shyam Goel

VERIFICATION

I, Shyam Goel S/O Ram Goel, aged about 35 years R/O Delhi Gate, Udaipur, plaintiff in this
case swear in the name of god and verify on oath that the contents of this affidavit are true to
the best of my personal knowledge and belief, so help me god.

Place: Udaipur

Dated: s/d Shyam Goel